DUTIES OF CONTRACT MARKETS; AUDIT TRAILS.

SEC. 201. DUTIES OF CONTRACT MARKETS; AUDIT TRAILS. (a) In General.—Section 5a (7 U.S.C. 7a) is amended— (1) by inserting “(a)” after the section designation; and (2) by adding at the end the following new subsection: “(b) (1) Each contract market shall maintain and utilize a system to monitor trading to detect and deter violations of the contract market’s rules and regulations committed in the making of trades and the execution of customer orders on the floor or subject to the rules of such contract market. The system shall include— “(A) physical observation of trading areas; “(B) audit trail and recordkeeping systems able to capture essential data on the terms, participants, and sequence of transactions (including relevant data on unmatched trades and out-trades); “(C) systems capable of reviewing, and used to review, data on trades effectively on a regular basis to detect violations committed in making trades and executing customer orders on the floor or subject to the rules of such contract market, including— “(i) all types of violations attributable to dual trading; and “(ii) to the full extent feasible, as determined by the Commission, all other types of violations involving the making of trades and the execution of customer orders; “(D) the use of information gathered through such system on a consistent basis to bring appropriate disciplinary actions against violators; “(E) the commitment of resources to such system necessary for such system to be effective in detecting and deterring such violations, including adequate staff to develop and prosecute disciplinary actions; and “(F) the assessment of meaningful penalties against violators and the referral of appropriate cases to the Commission. “(2) The audit trail system of the contract market shall, consistent with Commission regulations, accurately record— “(A) the times of trades in increments of no more than one minute in length; and “(B) the sequence of trades for each floor trader and broker. “(3) Beginning three years after the date of enactment of this subsection, the audit trail system of each contract market, except as provided in paragraph (5) and except to the extent the Commission determines that circumstances beyond the control of the contract market prevent compliance despite the contract market’s affirmative good faith efforts to comply, shall— “(A) for all trades, record accurately and promptly the essential data on terms, participants, and times as required by the Commission by rule, including the time of execution of such trade, through a means that— 106 STAT. 3596 “(i) records such data in a form which cannot be altered except in a manner that will leave a complete and independent record of such alteration; “(ii) continually provides such data to the contract market; “(iii) identifies such time, to the extent practicable as determined by the Commission— “(I) independently of the person making the trade; “(II) through a mechanism that records the time automatically when entered by the person making the trade; or “(III) through such other means that will capture a similarly reliable time; and “(iv) is adequately precise to determine, to the extent practicable as determined by the Commission by rule or order— “(I) the sequence of all trades by each floor trader; and “(II) the sequence of all trades by each floor broker; and “(B) to the extent practicable as determined by the Commission by rule or order, for customer trades, record the time that each order is received on the floor of the board of trade, is received by the floor broker for execution (or when such order is transmitted in an extremely rapid manner to the broker), and is reported from the floor of the board of trade as executed, through a means that— “(i) records such times in a form which cannot be altered except in a manner that will leave a complete and independent record of such alteration; “(ii) continually provides such data to the contract market; “(iii) identifies such time— “(I) independently of the person making the trade or processing the order; “(II) through a mechanism that records the time automatically when entered by the person making the trade or processing such order, as appropriate; or “(III) through such other means as will capture a similarly reliable time; and “(iv) is adequately precise to determine— “(I) the sequence in which, for each futures commission merchant, floor broker, or member firm, as applicable, all orders are received on and reported from the floor of the contract market; and “(II) the sequence in which orders are received by each floor broker for execution. “(4) The Commission may, by rule, establish standards under which the audit trail systems required under paragraph (3) shall record, to the extent practicable— “(A) the sequence of all trades made by all floor traders and floor brokers; and “(B) the interval between the time of receipt and the time of execution of each order by the floor broker executing the order. “(5) (A) The Commission shall, by rule or order, make exemptions from the requirements of paragraph (3)— 106 STAT. 3597 “(i) for an exchange with respect to which the Commission finds that— “(I) the volume of trading on such exchange is relatively small and the exchange has demonstrated substantial compliance with the objectives of such paragraph; and “(II) the trade monitoring system at such exchange otherwise maintains a high level of compliance with this subsection; and “(ii) to the extent determined appropriate by the Commission, for categories of customer orders with respect to which the Commission finds that such orders are transmitted to and reported from the trading pit in an extremely rapid manner such that substantial compliance with the objectives of paragraph (3) can be otherwise achieved. “(B) For purposes of subparagraph (A)(i)(I) the Commission shall find that the volume of trading at an exchange is relatively small if, among other things, the Commission determines that the average daily trading volume for each contract market for which the board of trade is designated is less than the threshold trading level established for the contract market under section 4j(a)(4). “(6) Any rule or order adopted by the Commission under paragraphs (4) and (5) shall become effective thirty legislative days or ninety calendar days, whichever is later, after submission of such rule or order to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. For purposes of this paragraph, the term ‘legislative day’ means any day on which either House of Congress is in session.”. (b) Study.— (1) In general.— Not later than two years after the date of enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains— (A) an assessment of the progress of each contract market in developing and implementing systems to record the times of transactions independently, precisely, and completely as required under section 5a(b) of the Commodity Exchange Act (as added by subsection (a) of this section); and (B) recommendations as to whether any extension of time for the completion of such systems or any modification of the standards contained in such section is appropriate. (2) GAO views.—The Comptroller General of the United States shall state to Congress the views of the Comptroller General with regard to the issues addressed in such report. (c) Audit Trail Compliance as Condition for Contract Market Designation.—Section 5 (7 U.S.C. 7) is amended by— (1) indenting the left margin of subdivisions (a) through (g) by 2 ems; (2) striking “(a)”, “(b)”, “(c)”, “(d)”, “(e)”, “(f)”, and “(g)”, and inserting “(1)”, “(2)”, “(3)”, ”(4)”, “(5)”, “(6)”, and “(7)”, respectively; and (3) adding at the end the following: 106 STAT. 3598 “(8) When such board of trade demonstrates that every contract market for which such board of trade is designated complies with the requirements of section 5a(b).”.